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iPhone User Awarded $850 in Judgment Against AT&T Over Throttling

Apple Expert said:
Because you like ATT and you defend. Plus you like giving them your money. :D
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The complete opposite... I hate them with the fiery hate that rivals that of an erupting volcano... the matter that they're going APPEAL this makes me wish for the biggest class action suit in the history of mankind.
 
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0_1 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Version/5.1 Mobile/9A405 Safari/7534.48.3)

What's wrong with not hating a company that you get good service from?
I've gotten far better service from AT&T than I ever did with Verizon. I purchased an unlImited data plan from Verizon and they canceled my service after one month. Apparently Verizon defined unlimited as 'up to 5gb'.
At least AT&T was nice enough to truly mean unlimited. They could have forced everyone to tiered at the last iPhone update. They gave plenty of warning about throttling.
I think that the biggest problem is how they implemented it.
 
5aga said:
its only $850... thats nothing to AT&T..
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Well, since there are potentially 17 million in this situation (if they were all similar), now we're talking over $14 billion. That might be enough to get their attention.

What is needed is a lot of publicity, and maybe someone to publish the details on how the case was won, so others could easily follow without investing a lot of time in research; a little 'collect your $$$ from AT&T kit'.

I love their excuse too... taxing their network too much, huh? Well, if that is really the case for people using 2 GB, then their network needs some serious work. They need to stop selling accounts until they get this resolved. If they don't do that, then this is simply a ploy to push people off of the unlimited plans. It's probably both.
 
17 Million on unlimited plans. What if 3 Million got "throttled" and got $850?

That's $2,550,000,000 :D

Ooops. AT&T will just stop grandfathering the unlimited plans. Is that possible contract wise3?
 
arn said:
Apparently AT&T's subscriber agreement prohibits class action suits. not sure if that's enforceable, but it's there.

arn
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I've actually read it won't stand up in court but they rely on people to not try to fight it when they try to point it out that you signed not to sue. But you still need a good lawyer (I think to point out that it is unreasonable to expect people to read the long list of terms there because I think there is something about that).
 
^^BIGMac said:
17 Million on unlimited plans. What if 3 Million got "throttled" and got $850?

That's $2,550,000,000 :D

Ooops. AT&T will just stop grandfathering the unlimited plans. Is that possible contract wise3?
Click to expand...

I believe it's possible if the next iPhone is 4G LTE. They will claim that data pacackage is for the 3G or "4G" as they like to call it.
 
rjlawrencejr said:
I thought that was the case and that is why I am considering paying full price for my next iphone (as opposed to buying a subsidized one).
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unfortunately, after the period of the contract they can probably choose not to honor the old pricing. The contract will expire at some point (2 years). There is an equal protection on both sides, you and them both agree to commit to a 2-year term and after that it is possible to re-up or alter the plan. Grandfathering in has been a good gesture from ATT as far as I know.
 
"If it bleeds, we can kill it!!"

predator060609.jpg


:D
 
I'd say anyone with an "unlimited" plan that has been throttled, file a small claims suit. Getting even 1 million people doing that @ $850 a pop, that's a lot of green AT&T will lose if they don't get their acts together.
 
Honda too lost one in Small Claims!

Forget about class action ... small claims for everyone!

Woman takes Honda to small-claims and wins big

http://www.kimt.com/news/national/s...aims-and-wins-big/6ooFxzoabECTIaaKjBYHkg.cspx

A Southern California woman took Honda to small-claims court and won in a big way.

Los Angeles Superior Court Commissioner Douglas Carnahan ruled Wednesday that the automaker misled Heather Peters about the potential fuel economy of her hybrid car and awarded her $9,867 — much more than the couple hundred dollars cash that a proposed class-action settlement is offering

Peters opted out of the class-action lawsuit so she could try to claim a larger damage award for her 2006 Honda Civic's failure to deliver the 50 mpg that was promised.

The proposed class-action settlement would give aggrieved owners $100 to $200 each and a $1,000 credit toward the purchase of a new car. Legal fees in the class action would give trial lawyers $8.5 million, Peters said.

In small claims court, there are no attorneys' fees and cases are decided quickly.

Peters had hoped to inspire a flood of small-claims lawsuits by the other 200,000 people whose Honda Civic hybrids are covered by the proposed settlement. If all 200,000 owners sued and won in small claims court, she said, it could cost Honda Motor Co. $2 billion.
 
As far as I remember, there are quite a few states where the representation of lawyer is not allowed in small claim court given the nature of SCC was to facilitate several legal technicalities for small cases. Company can send representatives, but under the assumption that such representative isn't a lawyer.

That's why it worked for this dude.
 
arn said:
Apparently AT&T's subscriber agreement prohibits class action suits. not sure if that's enforceable, but it's there.

arn
Click to expand...

Who cares? Their subscriber agreement has enough grandiose language in it that Excuses them from ever having to provide service to anyone, ever.

All it takes is a competent judge to take one look at such so called "agreements" and throw them on the floor as junk.
 
I wonder if any of the 1% in the United States are part of the top 5% for AT&T data users? :D

Couldn't help myself.

$850? Doesn't that cover the lawyers coffee run? I may not be in the know when it comes to small claims court, but you represent yourself right? No lawyers?
 
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Mimpd123 said:
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0_1 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Version/5.1 Mobile/9A405 Safari/7534.48.3)

What's wrong with not hating a company that you get good service from?
I've gotten far better service from AT&T than I ever did with Verizon. I purchased an unlImited data plan from Verizon and they canceled my service after one month. Apparently Verizon defined unlimited as 'up to 5gb'.
At least AT&T was nice enough to truly mean unlimited. They could have forced everyone to tiered at the last iPhone update. They gave plenty of warning about throttling.
I think that the biggest problem is how they implemented it.
Click to expand...

You mean how it's not unlimited...
 
Did a add a line today for my kid, generic phone. ATT quacked me (aka dissed me) cuz I am on a unlimited plan when I can pay less for a 3 gig plan and not get throttled. I just smiled and didnt say nothing. I am just gonna let it play out and see what happens. I only use about 3 to 5 g a month.
 
I got a credit from AT&T for this discrimination

This is real discrimination (based on our usage). No matter how we are using the internet, because when we signed up, the contract didn't say 2GB high speed internet, it says unlimited and it worked pretty fast for last 3 years. After I got a message at 7am with this harassment/discrimination content from AT&T saying that I'm in the top 5% idiots who kept the contract of AT&T (just because of that feature) I wish I know that this summer "that AT&T will start doing this" , when verizon offered unlimited internet. Jeez I hate AT&T. Hate dropped calls, hate voice quality interruption while I'm having a conversation, Hate customer service that saying how I should use my unlimited internet. This company is real SCAM, I hope we would find a good lawyer to sue them for this SCAM services.
 
SteveW928 said:
Well, since there are potentially 17 million in this situation (if they were all similar), now we're talking over $14 billion. That might be enough to get their attention.

What is needed is a lot of publicity, and maybe someone to publish the details on how the case was won, so others could easily follow without investing a lot of time in research; a little 'collect your $$$ from AT&T kit'.

I love their excuse too... taxing their network too much, huh? Well, if that is really the case for people using 2 GB, then their network needs some serious work. They need to stop selling accounts until they get this resolved. If they don't do that, then this is simply a ploy to push people off of the unlimited plans. It's probably both.
Click to expand...
theyre not taking away 17 million customers unlimited plans itll cause an outcry so why not sue if they hurt you?If you didnt get affected terribly by throttling just leave it
 
I got a credit from AT&T for this discrimination

This is real discrimination (based on our usage). No matter how we are using the internet, because when we signed up, the contract didn't say 2GB high speed internet, it says unlimited and it worked pretty fast for last 3 years. After I got a message at 7am with this harassment/discrimination content from AT&T saying that I'm in the top 5% idiots who kept the contract of AT&T (just because of that feature) I wish I know that this summer "that AT&T will start doing this" , when verizon offered unlimited internet. Jeez I hate AT&T. Hate dropped calls, hate voice quality interruption while I'm having a conversation, Hate customer service that saying how I should use my unlimited internet. This company is real SCAM, I hope we would find a good lawyer to sue them for this SCAM services.
 
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WannaGoMac said:
Any lawyers here?

I understood no contract can work to waive people's rights, such as this clause mentioned in the post above " AT&T's subscriber contract prohibits class action or jury trials"
Click to expand...

This would be considered a contract of adhesion. You cannot enforce a contract that limits someone's legal rights.
 
MacRumors said:
Update: AT&T issued this statement to MacRumors: "This is a small claims matter. We are evaluating next steps, including appeal. But at the end of the day, our contract governs our relationship with our customers."
Click to expand...

But, as any 1st year law student will tell you, a contract doesn't really mean what you think it means: it means whatever the judge thinks it means.

Judges have the power to overrule any part of a contract they deem unfair or illegal (obviously).

Changing customer terms after the fact is pretty wrong anyway. When you take a phone contract, it's a contract. Why can one party change the terms of the agreement whenever they like but the other party can't (and can't leave without paying a fee in this case)?

Phone contracts are sort of like futures contracts: I'm buying so much usage over such a time for $X. If the price of that usage goes up due to demand, the buyer makes a "profit". Similarly, when the price of that usage goes down, the seller makes a "profit". That's the way it should be anyway.
 
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